Bill Text: NJ A671 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies power of municipalities to zone for separation of incompatible land uses through specification of reasonable separation limitations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Housing and Local Government Committee [A671 Detail]
Download: New_Jersey-2010-A671-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Clarifies power of municipalities to zone for separation of incompatible land uses through specification of reasonable separation limitations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act clarifying municipal power to zone for separation of incompatible land uses and amending P.L.1975, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 52 of P.L.1975, c.291 (C.40:55D-65) is amended to read as follows:
52. A zoning ordinance may:
a. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.
b. Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources.
c. Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of P.L.1975, c.291 (C.40:55D-37 et seq.). The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may provide for the clustering of development between noncontiguous parcels and may, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all
standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.
d. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of P.L.1975, c.291 (C.40:55D-53) shall apply to such improvements.
e. Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185 (C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185.
f. Provide for conditional uses pursuant to section 54 of P.L.1975, c.291 (C.40:55D-67).
g. Provide for senior citizen community housing.
h. Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
i. Provide for historic preservation pursuant to section 5 of P.L.1991, c.199 (C.40:55D-65.1).
j. Provide for sending and receiving zones for a development transfer program established pursuant to P.L.2004, c.2 (C.40:55D-137 et al.).
k. Provide for a reasonable separation of those land uses which generate high volumes of traffic, noise and pollution, including, but not limited to, convenience stores which operate 24 hours a day, and gasoline or automobile service stations, from residential districts through the specification of reasonable separation limitations in order to assure the quiet peace and enjoyment of those residential districts.
(cf: P.L.2004, c.2, s.39)
2. This act shall take effect immediately.
STATEMENT
This bill would clarify the power of municipalities, through zoning ordinances adopted pursuant to section 52 of P.L.1975, c.291 (C.40:55D-65), to provide for the separation of incompatible uses from residential districts in order to assure the quiet peace and enjoyment of those residential districts.
